Juvenile Justice Policy and Data Board - Board Meeting June 29, 2022 2:00pm - 4:00pm - Mass.gov

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Juvenile Justice
Policy and Data Board
     Board Meeting
        June 29, 2022
      2:00pm – 4:00pm
Agenda

1. Welcome and Introductions

2. Approval of March Meeting Minutes

3. Updates from the OCA

4. Updates on the state Diversion Learning Lab

5. Subcommittee Report Out

6. Board Member Updates
OCA Updates
Data Website Updates
• FY22 updates include new pages:
    Adjudications & dispositions data

    New probation new case starts visualizations

• FY23 updates to include new pages:
    Racial and ethnic disparities

    School discipline and arrests

Juvenile Records Updates
Legislative Update
Senate vote soon:

• An Act updating bail procedures for justice-involved youth (S.2943,
  H.1557): Eliminates the $40 bail administrative fee for youth, authority to
  decide on detaining a youth overnight resides with Bail Magistrate (not
  the OIC), allows virtual payment options  based on JJPAD 2019
  recommendation!

• An Act promoting diversion of juveniles to community supervision and
  services (S.2942, H.1569): expands opportunity for judicial diversion for
  youth charged with certain offenses

Budget Updates: Still in conference, but funding in both House/Senate
budgets for:
   • Expansion of Diversion Learning Lab sites
   • Significant expansion of Center on Child Wellbeing & Trauma
State Diversion Learning Lab Updates
State Diversion Learning Lab Updates
                                          Referrals by Sending County
                                            (All-Time as of 5/31/22)
                    25
                                                              20
                    20
# of Referrals

                    15               12
                                                                                           10
                    10
                          5
                          0
                                  Essex                   Middlesex                     Worcester
                                                        Sending County

                                           Referrals by Referral Point
                                            (All-Time as of 5/31/22)
   # of Referral Points

                          20                                                                    18
                                15
                                                                           9
                          10
                                                 0
                          0
                               Police     Clerk Magistrate          District Attorney       Judge
                                                        Referral Point
State Diversion Learning Lab Updates:
                 Offense Type and Age
                                              Referrals by Offense Type
                                               (All-Time as of 5/31/22)
                    30
                                                        21
   # of Referrals

                    20
                                                                                           9
                    10                                                       6
                              3         2                                                               1
                    0
                         Drugs    Motor Vehicle        Person         Property        Public Order   Weapons
                                                            Offense Type

                                             Referrals by Age at Referral
                                              (All-Time as of 5/31/22)
                 15
                                                  10
# of Referrals

                 10                                              9                             8
                         4                                                       5                      4
                    5
                                   2
                    0
                         12        13             14             15              16            17       18
                                                           Age at Referral
Learning Lab Updates:
                                  Demographics
            Intakes by Race (All-Time as of 5/31/22)   Intakes by Gender Identity
                                                         (All-Time as of 5/31/22)
                                   1
                                  3%
                              2
                             7%
                        4, 14%
                                       13, 45%              8, 28%

                          9, 31%
                                                                     21, 72%

   Latino/Hispanic
   White
   Black/ African American
   Asian                                                  Boy/Man    Girl/Woman

Total Number of
    Intakes

      29
Learning Lab Updates: Assessments,
                          MASYI-2
            Alcohol/Drug Use Levels                   Angry-Irritable Levels              Depressed-Anxious Levels
                      (All-Time)                               (All-Time)                            (All-Time)

                                                                 3                                       4
                        2 1

                                                         9                                     7
                                                                              16                                       17
                              25

             Normal     Caution         Warning       Normal        Caution     Warning     Normal           Caution        Warning

           Somatic Complaints Levels                 Suicide Ideation Levels              Thought Disturbance Levels
                      (All-Time)                               (All-Time)                            (All-Time)

                        3                                       4
                                                                                                     5
                                   10
                                                          3                                                            10

                   15                                                      21                        7

             Normal     Caution         Warning       Normal     Caution        Warning     Normal           Caution        Warning

 Total Number of
MAYSIs Completed

      28
                                                  Data as of 5/31/22
Learning Lab Updates: Assessments,
                                              YLS
                                              Risk/Need Level
                                         (All-Time as of 5/31/22)
                          14
                                   12
                          12
   # of YLS Assessments

                          10
                          8                             7
                                                                     6
                          6
                          4
                          2
                          0
                                   Low              Moderate        High
                                                 Risk/Need Level

Total Number of YLS
    Completed

                          25
Subcommittee Report Out
CBI Subcommittee
Meetings since March 2022:
• March: Diversion Learning Lab updates and a presentation on the
  findings from the CRA caregiver focus groups

• April: Presentation by representatives in New York and Connecticut
  discussing recent reforms made to their CRA systems

• May: Presentation on the results of the OCA/CAFL CRA case file
  review and discussion around CRA services and gaps

• June: Diversion Learning Lab updates and discussion of initial CRA
  report findings

Where we’re headed:
• July: Discussion re: Recommendations for improvements
  to the CRA System
• September: Draft CRA report
CBI Subcommittee
                Other states’ CRA reforms
Connecticut    • Eliminated school-based petitions (2017) and
                 community-based petitions (2020)
               • Instead, all referrals (police, school, community,
                 parents and self-referral) now go to the Youth
                 Service Bureau which coordinate services for
                 youth (0-18 years old) that focus on delinquency
                 prevention

  New York • Used as a last option only after all other diversion
                attempt have been exhausted
              • PINS Diversion agencies must provide a written
                notice to the potential petitioner documenting the
                different efforts made to prevent filing, and Court
                Clerks cannot accept PINS petitions
                unless they have attached the written
                notice
CBI Subcommittee

CBI Subcommittee Draft Findings

                     CAFL Case File     Caregiver
                        Review        Focus Groups

     Subcommittee
                                                     Public Data
     Presentations

                                CRA
    100+
 Interviews                   Research                   Policy Reviews

                              Findings
CBI Subcommittee
1. The goals of the 2012 reforms to the
CHINS system have only been partially
                 realized

    Limit Juvenile
                      Reduce harm
        Court
                        for youth
     involvement

               Increase
             supports for
                 youth
Finding #1: The goals of the 2012 reforms to the CHINS system have only been partially realized

                                                              CBI Subcommittee
                             CRA filings decreased 24% between FY12
                                             and FY19
                                                                       CRA Filings by FY
                    10,000
                     9,000   9,251 9,354 9,293
                                                 8,873                                       CHINS
                     8,000                                                                   Reform
                                                         8,088 7,905
                     7,000                                             7,266
Number of filings

                                                                                6,891
                     6,000
                                                                                                                6,136                                   COVID
                                                                                                        5,843           5,712
                     5,000                                                                  5,572                               5,388 5,227 5,212

                     4,000
                     3,000                                                                                                                          3,596
                                                                                                                                                            2,912
                     2,000
                     1,000
                        0
                             FY05 FY06 FY07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY15 FY16 FY17 FY18 FY19 FY20 FY21
                                                                   Fiscal Year

                                                                               Initial Draft Analysis
Finding #1: The goals of the 2012 reforms to the CHINS system have only been partially realized

                                                   CBI Subcommittee
  The reforms reduced some harmful impacts
         of the CRA process, but not all
                • May not be confined in                             • In some cases, the reforms introduced
                                                                       more court involvement, which can have
                  shackles or similar
                                                                       negative consequences
                  restraints
                • Shall not be placed in a                           • Caregivers reported the process adversely
                                                                       affected their and their child’s lives
                  lock up
                • CRAs do not appear on                              • Professionals noted the process makes it
                                                                       difficult to solve family problems or
                  CORIs                                                concerns that may be impacting the
                • Set timelines for the CRA                            child’s behavioral concerns
                  court process
                                                                     • Research indicates that congregate care
                • Provided rights to                                   placements are associated with
                                                                       negative consequences
                  children and families
Finding #1: The goals of the 2012 reforms to the CHINS system have only been partially realized

                                                   CBI Subcommittee
        The reforms increased community-based
        supports, but did not address CRA system
                        supports
                  • Created Family Resource Centers (FRC)

   • Professionals, advocates and caregivers all report:
        • Difficulty obtaining appropriate services for youth with CRA
        • Mismatch between what services are needed and what are provided
CBI Subcommittee
2. There is no shared understanding of what
  the current CRA system is for, leading to
       misinformation at every level

  • No common understanding of what CRA process could/should
    accomplish

  • Widespread, if unfounded, belief that the CRA process provides
    special access to services professionals recommending parents
    file a CRA

  • Significant confusion on what CRA process entails and what it can
    result in
CBI Subcommittee
 3. The system operates with significant
differences in different parts of the state

              Court county
               disparities

                Pre-filing
              intervention
                measures
Finding #3: The system operates with significant differences in different parts of the state

                                                       CBI Subcommittee
           Some court counties use the CRA process
                 at higher rates than others
                                              CRA Filings by County Population (FY21)
                 25%                                                                             23%

                 20%
                                                                                                     15%                             14%
                 15%                             13%
                                                       12%13%                                                                              13%13%
       Percent

                                                                                                           11%
                 10%                        9%                                                                        8%        9%
                                                                                 7%                              7%
                                                                       5%              6%                                  6%
                 5%          4%        4%
                        3%                                        3%
                                  2%
                 0%

                       County Percent of All MA Youth (6-17 yo)                     County Percent of All MA CRA Cases

                                                                            Initial Draft Analysis
Finding #3: The system operates with significant differences in different parts of the state

                                                     CBI Subcommittee
                     Pre- and post- filing practices vary
       • Practices differ significantly by court, DCF area office, CAFL
         area office, Probation office, FRC location, DMH office, school
         district and county

       • Variations in supports youth receive based on service
         availability in their area as well as local agency (mainly schools,
         DCF, DMH) practices

       • Caregivers are not routinely/uniformly told about FRC in their
         area before filing a CRA
CBI Subcommittee
4. There are disparities in how the CRA
system is used and who is referred to it

              Racial and
                ethnic
              disparities

            Certain groups
             of youth of
               concern
Finding #4: There are disparities in how the CRA system is used and who is referred to it

                                                     CBI Subcommittee
                                Black youth and Latino youth are
                                        overrepresented
                                                    CRA Filings by Race (FY18-FY21)

                 FY21                    34%                             28%                       14%          4%                 19%
   Fiscal Year

                 FY20                    34%                             29%                        16%               5%            16%

                 FY19                    36%                                 32%                         16%                 4%      13%

                 FY18                    35%                                31%                          16%                3%       14%

                        0%       10%       20%      30%        40%       50%       60%             70%            80%              90%      100%
                                                                 Percent of CRA Cases

                        White     Hispanic/Latinx    Black/African American           Other race/Multi Race                  Not reported
                        Race/ethnicity                RoD (MA Pop)                 RRI (White Youth)
                                          White             0.54                            n/a
                                Hispanic/ Latino            1.45                            2.67
                        Black/ African American             1.44                            2.66

                         Other race/ Multi Race             0.55                            1.02
                                                                                                          Initial Draft Analysis
Finding #4: There are disparities in how the CRA system is used and who is referred to it

                                                    CBI Subcommittee
           Youth of color and other groups of youth
                  may be treated differently
              • Widespread concern (professionals in system, advocate,
                caregivers) about:
                 o Racial and ethnic disparities in referrals + CRA process
                 o Inadequate translation services for families throughout the
                    CRA process
                 o Youth with specific needs being processed through CRA
                    system rather than having their needs met elsewhere (e.g.,
                    immigrant youth, LGBTQ+ youth, girls, adopted youth, youth
                    with learning disabilities)
CBI Subcommittee
     5. Many youth in the CRA system could
     have their needs better met outside of
                 the CRA system
• Barriers to obtaining services in community push families toward the CRA
  system
    • Professionals (e.g. schools, therapists, police) who are not sure how else to
      help a family push them toward CRA
    • Families desperate for help come to court looking for immediate support
    • In some cases, these families have been turned down at other doors (e.g.
      requests for DCF voluntary services, DMH services, or placement at
      residential school)

• However, the CRA process does not provide the special or quick access to
  services people are looking for
    • Process for getting connected to services through the CRA
      process is slow (due to nature of court process)
    • Courts do not have “special” access to services, can’t order
      agencies or schools to provide particular services
CBI Subcommittee
   6. The CRA process can be a helpful “fail
    safe” for families, particularly for youth
   with complex needs that require multiple
               agency involvement
• A subset of youth in the CRA system have complex needs and/or are involved
  with multiple state agencies

• The CRA process can help bring stakeholders together to solve challenges
  when prior attempts have failed

    • Three of the most frequently cited benefits of CRA system:
       • Provides a potential venue for case conferencing
       • Connection with a caring adult who can act as case manager/advocate
          to move things forward
       • Access to counsel as a means for educational advocacy
          for youth
CBI Subcommittee
7. There is limited data on outcomes from
      the CRA system that could be
       used to evaluate the system
Example questions we cannot answer:

1. What steps were taken before a CRA petition was filed? Was it truly
   used as a “last resort?”

2. Was the party who filed CRA petition (e.g., family, school) satisfied
   with the result of the CRA process? Did it help address the issues that
   brough them to the court?

3. What impact does the CRA process have on later life outcomes, such
   as likelihood of involvement with delinquency/ criminal case later in
   life, or impact on educational outcomes?
CBI Subcommittee

     CBI Subcommittee Draft Findings:
1.   The goals of the 2012 reforms to the CHINS system have only been partially realized

2.   There is no shared understanding of what the current CRA system is for, leading to
     misinformation at every level

3.   The system operates with significant differences in different parts of the state

4.   There are disparities in how the CRA system is used and who is referred to it

5.   Many youth in the CRA system could have their needs better met outside of the
     CRA system

6.   The CRA process can be a helpful “fail safe” for families, particularly for youth with
     complex needs that require multiple agency involvement

7.   There is limited data on outcomes from the CRA system that could
     be used to evaluate the system
Data Subcommittee
Meetings since March 2022:
• March: Presentation and discussion on racial and ethnic disparities
  data at the overnight arrest point (based on OCA/DYS 2021
  summer Rappaport fellow)

• April: Presentation and discussion on racial and ethnic disparities
  data in applications for complaint (summons and arrests)

• June: Presentation on Administrative Data Center fundamentals

Where we’re headed:
• July: FY22 data requests and review and approval of Racial and
  Ethnic Disparities Brief
• September: Presentation from other states’ Administrative Data
  Centers
Data Subcommittee
             What is the racial distribution of youth at the
            beginning stages of the juvenile justice system?
                                            Percent of Cases by Process Point and Race/Ethnicity
          70%                                                                                                                White
                  64%
                                                                                                                             Hispanic/Latino
          60%
                                                                                                                             Black/African American
                                                                                                                             Other
          50%                                             47%
                                                                                            42%                                      42%
          40%                                                                                              38%
                                      35%
Percent

                                                                                                                                        31%
          30%                            27%                                                   28%             26%
                                            22%                                                                   21%           23%
                                                                                         21%
          20%        18%                                     17%
                                                                15%
                         10%                                                                       10%
          10%                  8%
                                                  4%                     2%                                             3%                     4%

          0%
                MA Youth Population    Arrest-Based       Summons-Based                  ONA Admissions   Delinquency Filings Detention Admissions
                   (n=473,738)         Applications         Applications                    (n=460)            (n=3,852)            (n=553)
                                        (n=2,811)            (n=3,204)

                                                                Initial Draft Analysis
Data Subcommittee
    Data Subcommittee Testing Common
            Hypotheses for RED
1. Differences in Offense Severity: Racial disparities in the use of
   arrests vs summons can be explained by offense severity (e.g. “Youth
   of color are brought to court for more serious crimes”)

2. Differences in Offense Type: Racial disparities in the use of arrests
   vs summons can be explained by offense type (e.g. “Youth of color
   are brought to court for offense types that are more likely to result
   in arrest”)

3. Differences in Geography: Racial disparities in the use of arrests vs
   summons can be explained by different regional practices (e.g.
   “Some counties are more likely to use arrest vs summons than
   others, and those same counties have a % percent of
   youth of color than other counties”)
Data Subcommittee

 Differences in offense severity partially, but not
  fully, explains racial disparities in the decision
            to arrest vs issues summons.
• Among youth coming in at the same offense severity level, there are
  still racial disparities:
   Youth Race            Felony % Arrested                Misdemeanor %
                                                          Arrested
   Black                           82%                            28%
   Latino                          88%                            32%
   White                           77%                            18%

• The disparities are more significant at the misdemeanor level.

                                 Initial Draft Analysis
Data Subcommittee

 Differences in offense type partially, but not
fully, explains racial disparities in the decision
          to arrest vs issues summons.
• Among youth coming in with the same offense type, we see
  racial disparities.

Youth Race   % Arrested    % Arrested             % Arrested       % Arrested   % Arrested
             Drug          Person                 Prop             Weapons      Public Order

Black           53%           62%                            59%      89%           50%

Latino          81%           66%                            67%      84%           57%

White           34%           49%                            45%      64%           43%

                                    Initial Draft Analysis
Data Subcommittee

         Differences in county-level practices impact
                          disparities
   • Some counties use arrests more often than summons, and these
     counties are ones that have a higher percentage of youth of
     color – both in general and in terms of youth with complaint
     applications.
Youth    Barnstabl   Berkshire   Bristol    Essex      Franklin/        Hampde     Middlese   Norfolk    Plymouth   Suffolk    Worceste
Race     e Arrest    Arrest %    Arrest %   Arrest %   Hampshir         n Arrest   x Arrest   Arrest %   Arrest %   Arrest %   r Arrest
         %                                             e Arrest         %          %                                           %
                                                       %

Black      46%         51%         47%        35%        17%               63%       49%        46%        53%        76%        55%
Latino     48%         83%         49%        60%        54%               74%       47%        48%        59%        69%        60%

White      28%         57%         40%        38%        51%               54%       38%        26%        30%        52%        47%

                                                          Initial Draft Analysis
Data Subcommittee

Data Subcommittee Researches
 Administrative Data Centers
Data Subcommittee

   2022 Data Availability Report Findings
Finding #3: Barriers to matching data across process points
makes it difficult-to-impossible for the Board to accurately
assess the impact of some policy and practice changes

Finding #4: Barriers to accessing data with greater levels of
detail negatively impacts the Board’s ability to conduct deeper
analysis and make focused policy recommendations

Finding #5: There is limited ability to report data on youth
involved in multiple state systems

Finding #6: There is limited ability to report data on
youth life outcomes over time
Data Subcommittee

      2022 JJPAD Recommendations
Recommendation #1: The JJPAD Board should study the
feasibility of creating an Administrative Data Center to serve as
Massachusetts’ central coordinator of record-level state data for
child-serving entities
Data Subcommittee

  What is an administrative data center?
Administrative data center: a central, often third party,
organization that links cross-agency record level data, to create a
final research data file that contains only one observation per
individual to:
    • Address confidentiality concerns re: reporting record level
       data externally
    • Address data matching challenges within and across
       branches of gov’t
    • Provide the opportunity for a richer analysis of data for the
       purpose of policy recommendations
Data Subcommittee

 Opportunity for a richer analysis of data
                    for
• Ability to collect “universe of all individuals” and then create
  project specific samples

• One observation per individual can account for the changes in
  status over time (e.g., “arrested youth”  “adjudicated youth” 
  “convicted youth”) to help with outcome measures

• Ability to better understand complex issues that cross systemic
  boundaries by using cross-agency data (e.g., track how
  populations served interact/use services across agencies)
Data Subcommittee

   How do administrative data centers
               work?
Data matching techniques:

1. Deterministic matching: using one or two unique
   identifiers across datasets that identifies who an individual
   row of data pertains to

2. Probabilistic matching: using a statistical approach to
   measuring the probability that two records represent the
   same individual

Model Memoranda of Understanding (MOUs) or data
sharing agreements across entities
Data Subcommittee

    How do administrative data centers
             use their data?
• Wisconsin:2016 study to understand intergenerational and
  intragenerational overlap of the child welfare and juvenile
  justice systems.

• California:2018 study to understand the prevalence and
  pathways of dual systems youth.

• Minnesota:2016 study to understand the connection between
  school discipline and recidivism for crossover youth.
Data Subcommittee

Minnesota-Linking Information for Kids
Based out of the University of Minnesota and includes
administrative data from:

•   Department of Corrections
•   Department of Education
•   Department of Human Services
•   Minnesota Automated Reporting Student System
•   Social Services Information System
•   State Court Administrator’s Office
•   Minnesota Court Information System
•   Disciplinary Incident Reporting System
•   Minnesota Comprehensive Assessments
•   General Education Development
Data Subcommittee
Minnesota: Understanding the connection
between school discipline and recidivism
          for crossover youth
A 2016 study looked at the extent school suspensions impacted
recidivism
Matching data:
    1. 70,438 youth whose offenses resulted in adjudication
       (Juvenile Court data)
    2. Linked to Department of Education records
    3. Of which, 6,687 (9.5%) had maltreatment history
       (Department of Human Services records)
    4. Resulting in a sample of 1,211 youth who had a
       history of maltreatment and committed their first
       offense between 2009-2011
Data Subcommittee

                Minnesota: Findings
• 57% of crossover youth experienced out-of-school suspension before
  their first offense; the average number of suspensions was two

• 59% of crossover youth in this study experienced recidivism within three
  years of their first offense. Recidivism most often-occurred within a year
  following the first offense

• The total number of out-of-school suspensions prior to the youth’s first
  offense significantly predicted the risk of recidivism. The risk of
  recidivism increased by 32% with each out-of-school suspension
  crossover youth experienced.
Data Subcommittee

                     Next Steps
• Costs associated with ADCs: including staffing, software
  and hardware technology for the Center as well as costs
  for partner entities

• Analysis of any statutory changes that may be needed to
  permit/require the sharing of bulk data for research
  purposes

• September meeting: Presentation from directors of/staff
  at Administrative Data Centers to include logistics of
  operations as well as benefits/costs to partnering agencies
Childhood Trauma Task Force
Meetings since March 2022:
• April: Review of draft general considerations and recommendations
  for trauma screening (all child-serving sectors), and discussion of
  trauma screening in child welfare

• May: Review of draft considerations and recommendations for
  trauma screening in child welfare, and discussion of trauma
  screening in juvenile justice and first responder settings

• June: Review of draft considerations and recommendations for
  trauma screening in FRCs and juvenile justice settings, and discussion
  of trauma screening in early childhood and K-12 settings

Where we’re headed: Discussion of possible recommendations for
trauma screening in pediatric primary care and sectors with
high prevalence of trauma (e.g., teen parenting programs,
 family shelters)
Full Board

               Where we’re headed

Fall (~ October, please fill   • Review RED data brief
                               • Review and vote on CRA Report recommendations (goal
   out doodle in post-           – may be pushed to early Winter meeting if needed)
      meeting email)           • Subcommittee report outs

                               • Review and vote on FY22 Annual Report
      (early) Winter           • Review and discuss CTTF Annual Report
                               • Subcommittee report outs
Next Meeting Dates:
(All meetings are virtual; Zoom information is in each calendar invitation)

                             Full Board:
                                 TBD
                            ~October 2022

       Subcommittee         Standing Time       Next Meeting
              CTTF          1st Mondays,        July 18, 2022
                            1:00pm-3:00pm
               Data         2nd Thursdays,      July 14, 2022
                            10:30am-12pm
               CBI          3rd Thursdays,      July 21, 2022
                            1:00pm-2:30pm
Board Member Updates
Contact
Melissa Threadgill
Director of Strategic Innovation
melissa.threadgill@mass.gov
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